What To Do When Your Driver is Involved in a Road Accident and Files Suit

Trucking companies should make safety a priority to protect their own drivers and others on the road from catastrophic injury.

Truck accidents can be terrifying, and often fatal. According to the Federal Motor Carrier Safety Administration, fatal crashes involving large trucks and buses rose by 47% between 2009 and 2019. This highlights the critical need for road safety measures—not only for individual drivers but also for companies employing truck drivers, as they may face significant liability in the event of an accident.

As a driver, vigilance is key. However, for companies, the responsibility extends further. When a truck accident involves one of your drivers, your business could face serious legal and financial consequences. Establishing robust workplace safety policies, enforcing rigorous training programs, and maintaining a proactive approach to safety can reduce the likelihood of accidents and help protect your business from costly lawsuits.

Whether the accident was a small fender bender or a big pile up, every incident is an opportunity to improve. The average truck accident settlement amount is over $100,000, and even minimum case value amounts tend to be in the thousands. Every incident you can prevent can save your business money and protect your workers.

Protect Your Business Through Best Practices

Implementing strong safety protocols is essential for any business that employs drivers. A well-developed program, backed by regular vehicle inspections, safety-focused training, and documentation, demonstrates that your company takes necessary precautions to protect both your drivers and the public.

Develop and Maintain a Safety Program for Drivers

Safety Program: Create a comprehensive program that includes regular vehicle inspections and employee training. Document these processes and emphasize safety in every aspect of your business operations.
Routine Inspections: Conduct and document vehicle inspections regularly. This keeps your fleet in top condition and helps prevent accidents due to mechanical failure.
Hazard Reporting System: Establish a system where employees can report hazards and track remediation. This proactive step not only protects workers but also minimizes potential liability.

Provide Ongoing Training

Employee Training: A well-rounded training program ensures that drivers are prepared to handle both routine tasks and emergencies. Training sessions should cover proper equipment use, accident response procedures, and safety inspection protocols.
Stay Current: Regularly update your company’s training content to reflect industry standards and evolving regulations. Annual sessions are recommended, with more frequent updates if necessary.

Maintain Good Records

Documentation: Keeping organized records of training sessions, vehicle inspections, incident reports, and employee credentials is essential. Well-maintained records serve as evidence that your company prioritizes safety and can be invaluable in the event of a lawsuit.
Incident Reports: Document every incident, detailing what happened, actions taken, and strategies to prevent future occurrences. This thorough record-keeping can reduce liability and reinforce your commitment to safety.

Secure Adequate Insurance Coverage

Insurance Policies: Ensure your business is protected with comprehensive insurance, including general liability, professional liability, and workers’ compensation. Periodically review and update your coverage to exceed minimum requirements, reflecting a proactive approach to risk management.

10 Statistics That Show Why Prevention is The #1 Solution

Here are ten key truck accident statistics that may help business owners understand the importance of implementing safety measures to prevent lawsuits:

Fatal Crash Involvement: Large trucks were involved in 5,904 fatal crashes, marking an 18% increase from 2020. Learn about avoiding a wrongful death lawsuit.
Fatality Rate: The fatality rate for large truck crashes went up by 7% from 2020, showing a need for more safety measures on the road.
Injury Crashes: The number of injury crashes involving large trucks increased by 11%, reaching 117,000 incidents.
Nighttime Crashes: 37% of all fatal large truck crashes and 24% of injury crashes involving large trucks occurred overnight, indicating the heightened risk of driving in low visibility conditions.
Rural and Interstate Highways: Over half (54%) of all fatal crashes involving large trucks happened in rural areas, and 26% took place on Interstate highways, which can help business owners identify high-risk locations.
Drug Testing: Of the large truck drivers involved in fatal crashes, 6% tested positive for drugs, though 62% of the drivers involved in these crashes were not tested.
Driver-Related Factors: In fatal crashes, 32% of large truck drivers had at least one driver-related factor recorded. Speeding was the most common factor.
Unbelted Drivers: 15% of large truck occupants involved in fatal crashes were not wearing a safety belt, and of those, 40% were killed.
Property Damage: The number of property damage-only crashes involving large trucks increased by 25%, which could result in significant repair and liability costs.
Hazardous Materials: In crashes involving hazardous materials, 17% of the trucks experienced hazardous material releases from cargo, with flammable liquids being the most common. This highlights the need for proper handling and safety protocols when transporting dangerous goods.

As government data reporting tends to typically be a few years behind, the 2021 data was the most recent we at Abeyta Nelson could acquire.

Responding to Incidents

A well-prepared response plan is vital when accidents occur. Having a clear strategy helps minimize disruptions and legal exposure, reinforcing your company’s commitment to safety.

Gather Information on the Incident

Investigation: Begin by collecting all relevant details. Interview witnesses, review documentation, and identify potential causes. This helps you understand the incident thoroughly and determine whether your safety policies were followed.
Root Cause Analysis: Examine whether your company’s procedures are sufficient to prevent similar incidents. This includes evaluating maintenance protocols, employee training adequacy, and regulatory compliance.

Consult Legal and Insurance Experts

Legal Counsel: Involve your lawyer early in the process. Legal counsel will clarify your rights, outline your responsibilities, and guide you through each step, offering valuable advice to minimize risks.
insurance Provider: Contact your insurance company after consulting with your attorney to determine how coverage applies and establish next steps. A proactive approach involving both legal and insurance teams helps navigate the situation with clarity and preparedness.

Moving Forward: Learning from Incidents

Every incident, whether minor or severe, is an opportunity to improve. Assessing your policies and implementing necessary adjustments can prevent future accidents and foster a safer workplace.

Policy Updates: Regularly review and revise safety policies to reflect lessons learned from past incidents. This could involve additional training, updating procedures, or making changes to vehicle maintenance schedules.
Foster a Culture of Safety: Encourage open communication, allowing employees to report concerns without hesitation. Promote safety as a core value, placing it above short-term profits and ensuring compliance with all legal requirements.
Continuous Improvement: Document and review all incidents, then use these insights to correct any weaknesses in your policies. This ongoing refinement not only protects your workers but also enhances your company’s resilience and reputation.

Working with Yakima Truck Accident Attorneys

If your business faces a legal challenge or needs guidance in navigating complex liability issues, Abeyta Nelson is here to help. Our experienced team understands business liability and is dedicated to safeguarding your interests.